Icy road accident
I’ve been trying to get 2 different water leaks stopped which run across a road at Five Ashes Road, near Mayfield in East Sussex. Southern water say it’s not their issue and that it’s a private leak and East Sussex Highways have looked into it and are doing nothing about it even though I told them about it on October 30, 2018. Last week at about 9.15am on my way to work I lost control of my motorcycle on ice where water is running across the road. I crashed into hedge and was lucky nothing was coming the other way. I did not hurt myself badly and just dented my petrol tank, bent my mirror and banged my head so new crash helmet is a must. I called the highways department (again) and they didn’t seem to care and said I can try and claim the money for bike repair and helmet but most never get a win but are sending out a form. What can I do to ensure a claim is successful and to get the dreaded leaks stopped before more accidents
Andrew Harris
Answer
Section 209 of the Water Industry Act 1991 imposes strict liability on the part of a water undertaker for property damage and injuries caused by escapes of water from their pipes. This means that whoever owns the pipe that leaked water which then froze and caused your accident will have to compensate you by law. You therefore need to confirm who owns the pipe. Your local council should be able to tell you who owns it.
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